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A User Guide to Data Protection in the European Union

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A User Guide to Data Protection in the European Union A USER GUIDE TO DATA PROTECTION IN THE EUROPEAN UNION Your rights & how to exercise them accessnow.org Access Now defends and extends the digital rights of users at risk around the world. By combining direct technical support, comprehensive policy engagement, global advocacy, grassroots grantmaking, and convenings such as RightsCon, we fight for human rights in the digital age. For more information, please visit: https://www.accessnow.org Contact: Estelle Massé | Senior Policy Analyst | [email protected] This guide is an Access Now publication. This work is licensed under a Creative Commons Attribution 4.0 International License. A USER GUIDE TO DATA PROTECTION IN THE EUROPEAN UNION 3 INTRODUCTION Access Now presents A user guide to data protection in the European Union - Your rights and how to exercise them to help you exercise your right to data protection. This guide gives you information about the rights encompassed under the EU law on data protection as well as information on how to use these rights. The European Union General Data Protection Regulation is a positive framework for users’ protection and can help you take back the control of your personal information. This law replaces and strengthens the 1995 Data Protection Directive. Access Now is a strong supporter of the GDPR. In fact, we worked with lawmakers in Europe to strengthen users’ protections throughout the introduction, negotiations, and adoption of the law. After almost five years of debate, the GDPR became applicable on 25 May 2018. With this guide, we aim to contribute to the long-term mission of the GDPR by giving you the necessary information and tools to exercise your rights. We invite you to read this guide carefully, so you can use your rights to make data protection a reality. Brussels, July 2018 A USER GUIDE TO DATA PROTECTION IN THE EUROPEAN UNION 4 WHAT IS THE GENERAL DATA PROTECTION REGULATION? Personal data is any information Data protection refers to the relating to you, whether it relates to practices, safeguards, and binding your private, professional, or public rules put in place to protect your life. In the online environment, personal information and ensure where vast amounts of personal that you remain in control of it. data are shared and transferred In short, you should be able to around the globe instantaneously, decide whether or not you want it is increasingly difficult for to share some information, who people to maintain control of their has access to it, for how long, and personal information. This is where for what reason, and to be able to data protection and laws such as modify some of this information, the GDPR come in. and more. In the EU, these rules are defined under the General Data Protection Regulation. The GDPR is a user-centric law which aims to put you back in control of your personal data, providing for the broad spectrum of users’ rights presented in this guide. A USER GUIDE TO DATA PROTECTION IN THE EUROPEAN UNION 5 WHAT IS THE GENERAL DATA PROTECTION REGULATION? Under the GDPR, both private companies such as Facebook, Microsoft, Dropbox, Amazon, or Spotify and government bodies have the obligation to ensure the protection of your personal data. To be protected under the GDPR, you have to either be a citizen of the European Union or be located in the EU, no matter where you are from. The GDPR comes with a robust enforcement mechanism which empowers data protection authorities to investigate data practices and fine companies or public entities up to 4% of their total worldwide annual turnover if they ignore their legal obligations and commit repeated, serious infringements of your rights. These fines are significant and proportionate to the gravity of the infringement on individuals’ fundamental rights. For far too long, a handful of companies have been diligently ignoring the EU’s data protection norms, which have been in place since 1995. With this new framework, the data protection authorities are better equipped to deal with free riders. A USER GUIDE TO DATA PROTECTION IN THE EUROPEAN UNION 6 What are my rights? THE RIGHT TO INFORMATION When a company, a government body, or an organisation collects and uses information about you, All this information should be provided to you in a you have the right to get information about: concise, transparent, intelligible way, using clear • the name of the entity using your data, and plain language. This means that an entity must • the contact information of the person or department in charge of personal data protection at this entity, have terms of service and a privacy policy that are easily • the reason for which the entity will use your data, understood, which has not typically been the case. • the type of personal data the entity holds about you, Relevant article under the length of time your data will be kept, • the GDPR: Articles 12, 13, • whether your data will be shared with third parties and and 14. who they are, • whether your data will be used for automated decision- making via algorithms, • whether data will be moved outside the EU, • your other basic data protection rights, • your right to file a complaint, and • what legal basis has been used to authorise the collection and use of your personal data. There are six legal grounds authorising entities to use personal data under the GDPR, such as your explicit and informed consent or the execution of a contract. A USER GUIDE TO DATA PROTECTION IN THE EUROPEAN UNION 7 What are my rights? THE RIGHT OF ACCESS No matter how your information was collected, you You can exercise this right have the right to ask for and obtain information from a several times at reasonable company, a government body, or an organisation as to intervals, but if your whether it holds any personal data about you. requests are repetitive, an entity may ask a fee from If an entity has information about you, you then have the second request. Keep in mind that this right is not the right to be provided, free of charge, a copy of your absolute. If your request data and any relevant additional information regarding impacts the rights and the reason your information was collected and used, freedoms of others, you how long it has been kept, whether it was disclosed to may receive only a partial copy of this information, or a third party, and more. Unless you ask otherwise, you none. However, the entity will be provided a copy of your data electronically (e.g., shall explain why it was not via email or online forms). possible to provide you with the information. Relevant article under the GDPR: Article 15 A USER GUIDE TO DATA PROTECTION IN THE EUROPEAN UNION 8 What are my rights? THE RIGHT TO RECTIFICATION You have the right to amend and modify the information Once you have notified the that a company, government body, or organisation has entity, it has the obligation about you if this information is incorrect, incomplete, to change your information or inaccurate (for instance, if you have changed your within a month. During this contact details or residence). period, the entity can refuse to modify the information but must then notify you and explain why. Relevant article under the GDPR: Article 16 A USER GUIDE TO DATA PROTECTION IN THE EUROPEAN UNION 9 What are my rights? THE RIGHT TO RESTRICT PROCESSING Under certain circumstances, you have the right In addition, when you have to request that a company, government body, or consented to use of your organisation stop using or limit the use of information personal data, you have about you so that you can verify the way that the entity the right to withdraw that is using it. consent at any time by notifying the entity. As an example, you can exercise this right when: Relevant article under the • it is unclear whether and when personal data about GDPR: Article 18 you will be deleted, • the accuracy of the data is contested, • the data is no longer needed for the purposes it was originally collected but it cannot be deleted because of legal obligations, and • you have exercised your right to object to the use of your data altogether but the decision is pending. A USER GUIDE TO DATA PROTECTION IN THE EUROPEAN UNION 10 What are my rights? THE RIGHT TO ERASURE You have the right to ask for the deletion of your Keep in mind that when personal data when: you ask that your data be deleted, companies may • a company, government body, or organisation holds retain information they information about you that is no longer needed (for have created based on instance, if you have chosen to leave a service or a your data. For instance, platform), or a company like Facebook • your data has been used unlawfully. that creates profiles or makes assumptions about In addition, personal data that you provided before you you based on your “likes” were 16 years old can be deleted at any time at your or browsing habits may keep that information. We request. The age requirement for children may vary in encourage you to request some EU states from 13 to 16 years old. deletion of this information explicitly when you leave a platform, and if they fail to act, to bring a complaint. Relevant article under the GDPR: Article 17 A USER GUIDE TO DATA PROTECTION IN THE EUROPEAN UNION 11 What are my rights? THE RIGHT TO OBJECT You have the right to object to the collection, use, Your right to object to use and storage of your personal data by a company, of your data for decision- government body, or organisation when: making that is based solely on automated processes your data is being used for direct marketing • is perhaps one of the most (After your request, the entity must stop using your important rights in the personal data and comply with your request free of era of big data.
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